Montaz Ali Ahmed @ Montaz Ali v. The State of Assam

ORDER Date : 21-05-2024

¶1Heard Mr. A.M. Khan, learned counsel for the petitioner.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, namely, Page No.# 2/2 Montaz Ali Ahmed @ Montaz Ali who is apprehending arrest in connection with Bilasipara P.S. Case No. 76/2024, under Section 376(1)/316 of the Indian Penal Code.

¶3Heard Mr. B.B. Gogoi, learned Addl. PP, Assam.

¶4The allegation against the petitioner is that he cheated the victim with false promise of marriage and induced her to have physical relationship with him against her will. It is further alleged that the victim was also administered medicine when she informed the petitioner that she was pregnant.

¶5The learned Addl. PP has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have scrutinised the Case Diary. Investigation has progressed to a considerable extent. The merits of this case is not brought to the fore. The petitioner who is on interim bail, has appeared before the IO. The petitioner has co-operated with the investigation. He is not a flight risk as he is a local resident. It appears that custodial interrogation may not be necessary for the progress of investigation.

¶7Considering all aspects and in view of my foregoing discussions, the interim order dated 26.04.2024 is hereby made absolute. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010083922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1087/2024 MONTAZ ALI AHMED @ MONTAZ ALI S/O LT. JOYNAL ABEDIN VILL- KAZAIKATA PART-V, P.S. BILASIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND